Court : Allahabad
Decided on : Dec-19-1996
Reported in : (1997)1UPLBEC594
..... of hung parliament, e. g. in the years 1910, 1923, 1929 and 1974, as indicated in 'constitutional practice' second edition, by rodney brazier in the chapters dealing with 'choosing a prime minister' and 'government formation from a hung parliament'. one of the british conventions, which though not developed nor followed in india, was ..... we may point out that while debating in the constituent assembly various relevant provisions of the constitutions of different countries have been taken into consideration and this chapter xviii of our constitution relating to emergency in which articles 355 and 356 appear, is borrowed from section 48 of the werner constitution of germany and ..... judge of the high court, although there is no specific provision in the constitution or government of india act 1935 to this effect. this convention was well established until it was rudely shaken in the 1970 when names started being sent from delhi by political authorities for appointment as high court judges. in this .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-13-1996
Reported in : [1998]229ITR23(All)
..... (1) of section 35 which is applied solely to the purposes of that association.' 13. then with effect from april 1, 1984, the following proviso was added by the finance act, 1983: ' provided that nothing contained in this clause shall apply if for any period during the previous year - (i) any sums by way of contributions received by the ..... of leave, etc., to gazetted officers. such notifications do not make or amend any law. in our view, therefore, the ratio in the case of m.c. ponnoose : [1970]75itr174(sc) , could not be applied to the present notification and we are, therefore, with respect unable to hold that the impugned notification was, for that reason, invalid as ..... section 148. the learned single judge quashed the notice under section 148. placing reliance on a judgment of the supreme court in ito v. m.c. ponnoose : [1970]75itr174(sc) in which it was held that the state government could not issue a notification to invest the tahsildar with the powers of a tax recovery officer with .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1996
Reported in : AIR1997All364
..... 90 of the c.p.c. as well as sections 433. 483 and some other provisions of the companies act contained in chapter-iii. taking a hint from the observation of calcutta high couri in shyamlal purohil v. jagannath ray. (1970) 40 com cas 138 : (air1969 cal 424) and purna in vestment ltd. v. bank of india ltd ..... petitions again and again, to foil the effort of the financial institution to recover the amount. while granting interim order, the courts often forget that if the finance of such financial institution would be obtained out, how genuine persons would recive the financial help and assistance.3. with this prelude, we have to examine ..... attempt ing to sealthe assets seized from the borrowers. it shouldnot be forgotten that the corporation is aninstrumentality of the state. it must, therefore, utall times act reasonably and fairly. there isnothing to indicate that value of the propertyseized by the corporation is less than the amountremaining the from the borrowers. the impugnedaction against .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-22-1996
Reported in : AIR1996All375
..... . the law of reference to a larger bench, apart from it being based on long practice in india is also enshrined in rules of the court as in present under chapter v rule 6 of the high court rules, framed under article 225 of the constitution of india. but they arc all, as aforesaid. procedure to deliver justice. thus, the parameter ..... petitioner.9. he referred : air1966all73 (5 judges) of this court, in stale of u. p. v. firm deo dutt, where it is held after reference by the chief justice under chapter v, rule 6 of the rules of the court founded on the recommendation of a division bench, the reference cannot be said to be not maintainable.10. next attacking ground ..... court upheld deshraj pushap kumar gulati (1985 tax lr 2882) (p & h) (supra). in ashoka marking ltd. v. state of bihar. 1970 upfc 98 similar provision under bihar act as of section 29-a of the u. p. sales tax act was struck down. later in state of u. p. v.annapurna biscuit mfg. co. : [1973]3scr987 on that section 29-a itself .....
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